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This is an archive article published on October 18, 2003

Media on trial, court defends coverage

The focus in the Best Bakery case on Friday shifted to the media and its reporting of the apex court proceedings. Senior counsel K.T.S. Tuls...

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The focus in the Best Bakery case on Friday shifted to the media and its reporting of the apex court proceedings. Senior counsel K.T.S. Tulsi, appearing for the 21 accused in the Best Bakery case, told the bench that media coverage of the case was getting distorted and was having an adverse influence on proceedings in the Gujarat High Court.

Chief Justice V.N. Khare defended the media and said that by and large he found the media coverage correct.

Senior counsel P.S. Mishra, who appeared for a member of National Commission for Scheduled Castes and Scheduled Tribes, told the court that words have been put in the mouth of the judges to which the Chief Justice remarked ‘‘I have not found anything that has been put in my mouth.’’

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Tulsi further pressed his point stating that pendency of proceedings in the apex court itself is prejudicial to his rights in the appeal to be heard by the High Court. Wide publicity to the proceedings can tilt the balance against me, he submitted.

In sensational cases the court will not place a new interpretation on a statute and it must follow the law as it stood prior to the case, Tulsi submitted and pleaded that the court should not embark on a new law with regard to maintenance of PIL in criminal law.

Gujarat riots: Justice awaited
GODHRA: On February 27, 59 people were burnt to death in the Sabarmati Express at Godhra. Prosecution on Friday opened the case in the special POTA court under Section 226 of CrPC against 123 accused. Seventy five of them are in judicial custody, 48 are still absconding.

SARDARPURA: On March 1, 32 people were killed here. All 42 accused are out on bail. The case was committed for trial three months ago, but allegations that public prosecutors, including VHP state general secretary Dilip Trivedi, are affiliated to Sangh Parivar have held up proceedings.

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NARODA-PATIYA: On February 28, 82 people were killed in this Muslim-dominated locality. The case probe changed hands three times in one year after which 64 people were arrested. Eight are still absconding and barring two, the rest are out on bail. Case yet to be committed for trial.

GULBARG SOCIETY: Former Congress MP Ehsan Jafri was among the 42 people burnt to death the day after the train carnage. Of the 58 arrested,
five are in judicial custody, while the rest are out on bail. Three persons are
at large. The case has been committed for trial. The court is presently hearing a plea by seven witnesses who alleged that names of some persons they identified as part of the mob were excluded by the police from their statements.

LIMBACHIYA CHOWKDI MASSACRE NEAR LUNAWADA IN PANCHAMAHALS: On March 2, a 100-strong mob attacked refugees from Kidiad village in Sabarkantha district. A truck and a tempo carrying 74 people were torched. Official toll is 18, the police records say the rest are missing. Lunawada MLA Kalubhai Maliwad, then a local BJP functionary, was the only name to figure in the FIR filed in the Khanpur Police Station. Arzoo Ayub Sindhi, who pretended to be dead, was the only eyewitness and complainant. Of the 26 accused, 11 were arrested, but were acquitted for want of evidence on October 11 by Additional Sessions Judge Viral Desai. No appeal.

PANDARWADA: On March 1, a four to five thousand strong mob attacked a Muslim colony here in the Panchmahals killing 27 Muslims. PSI S.V. Rathod of the Khanpur Police Station was the complainant. Fifteen accused were arrested. All were acquitted. No appeal.

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